Whitaker v. Osseo Independent School District No. 279
Whitaker v. Osseo Independent School District No. 279
Opinion of the Court
Defendant school district appeals from a declaratory judgment rendering it liable for the cost of an audit of its books by the state public examiner, and from an order denying its motion for a new trial. We affirm.
The facts are undisputed. Sometime before January 29, 1971, a petition requesting an audit of the district’s books was circulated and presented to the county auditor. The petition appeared to contain the signatures of 2,557 freeholders in the district, more than the number required before the county auditor could properly certify the petition to the public examiner under Minn. St. 1971, § 215.19. However, on January 29, before
The public examiner argues that, notwithstanding the defect,, the county auditor’s certification of the petition was conclusive for purposes, of this action under Minn. St. 1971, § 215.19. That statute provided in relevant part as follows:
“* * * Before such, petition is delivered to the public examiner it shall be presented to the auditor of the county in which such city, borough, town, village, or school district is situated, who shall determine whether such petition is signed by the required number of freeholders and shall certify such fact thereon,. and such certificate shall be conclusive evidence thereof in any action or proceeding for the recovery of the costs, charges and' expenses of any examination made pursuant to such petition.”' (Italics supplied.)
Since the instant action was implicitly an action to recover costs ■ —paragraph II-C of the prayer for relief in the complaint asks for a declaration that the district is liable for costs — we hold that.
The case of Domeier v. Golling, 243 Minn. 237, 67 N. W. 2d 898 (1954), in which we held that freeholders could withdraw their names after certification and thereby prevent the audit, is distinguishable. In that case the cost of the audit was not in controversy — the plaintiff-freeholder there had agreed to pay the nominal cost incurred by the public examiner before the signatures had been withdrawn. The court stated:
“* * * Sinc8 the dispute in this case involves only the method of performing an administrative function, and neither the proponents of the petition nor the city can be substantially prejudiced by the withdrawals in view of plaintiffs willingness to pwy the cost of the preliminary work done on the audit, we find no good reason why the withdrawals should not be permitted in this case. We therefore conclude that the trial court erred in holding that the withdrawal petition, certified as it was by the county auditor, was not timely and effectual.” 243 Minn. 243, 67 N. W. 2d 902. (Italics supplied.)
We would also note that this is not a case in which the school district moved promptly to enjoin either the county auditor’s certification or the public examiner’s audit. Under these circumstances, we see no reason not to give conclusive effect to the county auditor’s certification.
Affirmed.
Reference
- Full Case Name
- ROBERT A. WHITAKER v. OSSEO INDEPENDENT SCHOOL DISTRICT NO. 279
- Status
- Published